Several industry groups filed a lawsuit against Montgomery County, challenging the proposed gas bans on new construction here.
Washington Gas, the National Association of Home Builders (NAHB), the Maryland Building Industry Association, the Teamsters Local 96, LIUMA Philadelphia/Baltimore/Washington Laborers’ District Council, the Restaurant Law Center, the National Federation of Independent Business and the National Apartment Association, filed dual lawsuits in Montgomery County and Washington D.C. on Oct. 17.
“This legal action is necessary to protect the right of customers to choose the affordable, reliable energy sources that meet their needs and budgets,” the groups wrote in a news release.
In November of 2022, Montgomery County councilmembers passed a law that requires all new construction as of Dec. 31, 2026 to be electric without gas powered equipment. The goal is to eliminate the use of fossil fuels and bring the county closer to its climate change goals.
“I see this as a transformative paradigm shift with a road map. I think we cannot just sit back and think that climate change is not a thing,” said former Councilmember Nancy Navarro when voting for the legislation.
The Comprehensive Decarbonization Bill was one of the council’s last acts of that year. The members called it a strong push to ensuring that the county generates more green electricity and less gas-burning electricity.
“Washington Gas is proud to provide safe, reliable energy service to homes, schools, hospitals, restaurants, and businesses across the DMV, where we live and work alongside our customers. Our friends, families, and neighbors want the ability to choose gas to heat their homes, feed their families, and provide for their own customers – and we understand the critical role our service plays in their everyday lives. The gas bans passed in Washington, DC, and Montgomery County, Maryland do not align with the needs or best interests of our customers or the broader community,” President Blue Jenkins wrote.
“This lawsuit was necessary because D.C. and Montgomery County are attempting to regulate where they do not have jurisdiction. There is already a federal framework of regulations setting nationwide appliance standards for consumers that expressly preempt state and local regulations of appliance energy use and efficiency, with only narrow exceptions,” wrote Angelo Amador, executive director of the Restaurant Law Center.
“Restaurants that rely on gas fired cooking for the flavor and style of cooking for their menu offerings will have to recreate their businesses or close because natural gas will either not be available or, if it still is, at a much higher cost. In the end, the major impact of the regulations would be to jeopardize jobs and the diversity of the restaurant industry,” he wrote.
“NAHB is concerned that the gas ban would exacerbate the housing affordability crisis by increasing costs on new homes, eliminate consumer choice and further strain America’s already stressed electric grid,” said Chairman Carl Harris, a custom home builder from Wichita, Kansas.
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